Congress passed a new bill on Monday, December 21, approving a government spending and coronavirus relief package of over $2 trillion which also happens to include controversial copyright and trademark measures that classify illegal streaming as a felony offense.
The Protecting Lawful Streaming Act, as it is called, was introduced by Senator Thom Tillis and is a part of the omnibus spending bill of the COVID-19 relief bill. The penalty for pirating video streams of copyrighted work was previously considered a misdemeanor, but under Tillis’ bill, it will now be considered an act of felony and be subject to fines or imprisonment.
In the past years, streaming has skyrocketed in popularity and has become the norm for most people with an internet connection which comes as no surprise since it is generally viewed as a convenient, affordable, and personalized service. This has become even more apparent in 2020 against the background of a global pandemic, with usage dramatically increasing all over the world.
However, it seems that content creators and viewers do not need to be concerned that the recent bill will threaten both their livelihoods and their form of entertainment. A press release from Tillis’ office and statements made by tech advocacy groups like Public Knowledge made it clear that the bill’s targets are large-scale, for-profit streaming services, and not good faith business or other noncommercial activities. Furthermore, it does not target the individuals themselves who knowingly or unknowingly happen to access the pirated streams.
“The Protecting Lawful Streaming Act will apply only to commercial, for-profit streaming piracy services,” assures in a statement Senator Thom Tillis’ office. “The law will not sweep in normal practices by online service providers, good faith business disputes, noncommercial activities, or in any way impact individuals who access pirated streams or unwittingly stream unauthorized copies of copyrighted works. Individuals who might use pirate streaming services will not be affected.”
Meredith Rose, senior policy counsel at Public Knowledge, also stated earlier this month: “As a general matter, we do not see the need for further criminal penalties for copyright infringement. However, this bill is narrowly tailored and avoids criminalizing users, who may do nothing more than click on a link or upload a file. It also does not criminalize streamers who may include unlicensed works as part of their streams.
Representative Alexandria Ocasio-Cortez criticized in a tweet the short time given to lawmakers to review the spending bill: “This is why Congress needs time to actually read this package before voting on it. Members of Congress have not read this bill. It’s over 5,000 pages, arrived at 2 pm today, and we are told to expect a vote on it in 2 hours. This isn’t governance. It’s hostage-taking.”
Co-sponsoring the bill with Tillis is Sens. Patrick Leahy (D-Vt.), Marsha Blackburn (R-Tenn.), Mazie Hirono (D-Hawaii), Catherine Cortez Masto (D-Nev.), John Cornyn (R-Texas), Richard Blumenthal (D-Conn.), Chris Coons (D-Del.), Kelly Loeffler (R-Ga.), and David Perdue (R-Ga.). Just in case you want to let them know what you think about this bill.
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